Lawyers in court trying to free RPK and Teresa

Lawyers acting for Seputeh Member of Parliament Teresa Kok and Malaysia Today editor Raja Petra Kamaruddin, who were detained under the Internal Security Act (ISA) last Friday, will be filing a writ of habeas corpus seeking their release.

Teresa Kok

The applications are expected to be filed at the Kuala Lumpur High Court today.

In the ISA crackdown on Friday, Raja Petra was the first to be arrested, followed by Sin Chew Daily journalist Tan Hoon Cheng several hours later, and Kok shortly after that.

Tan was released the next day.

But for Kok and Raja Petra's families, the weekend was spent worrying about their whereabouts, safety and well-being. Police have so far refused to say where Kok and Raja Petra were being held.

"Her (Kok) parents are very affected by their daughter's arrest. Like most of us, they want answers," Kok's lawyer Sankara Nair said yesterday.

He is also expected to file a suit against a Bahasa Malaysia daily for accusing his client of inciting religious tension.

"Teresa had instructed me to take legal action against the newspaper as soon as the report was published last Tuesday."

On Saturday, Kok's father, Kok Kin Tong, said despite being warned of her impending arrest, his daughter had refused to go into hiding.

He said his daughter felt she had done nothing wrong.

Marina Lee, the wife of Raja Petra, also confirmed that his lawyers would be filing the habeas corpus writ tomorrow at the latest.

"They are preparing the affidavit, most likely tomorrow (today), but it could also drag on until Tuesday," she said.

Marina said she was coping well, but was worried on how her husband's arrest was affecting their youngest daughter.

"She's in the midst of her final exams now and what she witnessed and went through during the arrest at home was intimidating.

"But she's a strong-hearted girl, and I think she will be all right."

Despite repeated attempts by her husband's lawyers, the police have refused to disclose where he was being detained.

Marina criticised Home Minister Datuk Seri Syed Hamid Albar for backing the ISA arrests with illogical reasons and excuses.

By Ridzwan Abdullah, NST

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Personally, from the point of view of the law, there is little to no chance for Teresa and RPK's Habeas writs to be granted. This is because Habeas Corpus in Malaysia that deals with arrests under the ISA can only order the release of Teresa and RPK if they find that the method of arresting was illegal. They are not allowed to challenge the legality and reasons for the arrest, which is where this case lies. Will update as more news comes in.

Update1: The lawyers are due in court now.